Registration of Title Act 1964

Compulsory registration.

23

23. (1) The registration of the ownership of freehold land shall be compulsory in the following cases—

( a) where the land has been F34 [ ] at any time sold and conveyed to or vested in any person under any of the provisions of the Land Purchase Acts or the Labourers Acts, 1883 to 1962;

( b) where the land is acquired, after the commencement of this Act, by a statutory authority;

( c) in any case to which subsection (2) F35 [ or (2A) ] of section 24 applies.

F36 [ (1A) Where land has been sold, conveyed or vested under the Irish Church Act 1869 and its ownership has not been registered, registration of ownership of the land is deemed never to have been required merely by virtue of the sale, conveyance or vesting. ]

(2) The registration of the ownership of a leasehold interest shall be compulsory in the following cases—

( a) where the interest is acquired, after the commencement of this Act, by a statutory authority;

( b) in any case to which subsection (2) F35 [ or (2A) ] of section 24 applies.

(3) The provisions of this Act in relation to registration of ownership do not apply to an estate or interest in reversion, remainder or expectancy.

Annotations:

Amendments:

F34

Repealed (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 52(a), S.I. No. 271 of 2006.

F35

Inserted (4.11.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 52(b) and (d), S.I. No. 511 of 2006.

F36

Inserted (26.05.2006) by Registration of Deeds and Title Act 2006 (12/2006), s. 52(c), S.I. No. 271 of 2006.

Modifications (not altering text):

C15

Application of section restricted (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 107(7), S.I. No. 545 of 2009.

NAMA not required to register certain instruments, etc.

107.— ...

(7) Sections 23 and 25 of the Registration of Title Act 1964 do not apply to NAMA or a NAMA group entity.

...

C16

Application of section restricted (28.02.2002) by ACC Bank Act 2001 (12/2001), s. 8, S.I. No. 69 of 2002.

Registration of Title Act, 1964.

8.—(1) Section 23 of the Registration of Title Act, 1964, shall not apply to ACC.

(2) All estates and interests in freehold land and all leasehold interests in land which, before the commencement of this section, have been conveyed, granted or assigned to or otherwise acquired by or vested in ACC (and which have not been disposed of by ACC on commencement of this section) shall vest in ACC notwithstanding that ownership of such estates and interests has not been registered in the Land Registry in accordance with sections 23 and 25 of the Registration of Title Act, 1964.

C17

Application of section restricted (1.09.1992) by Housing (Miscellaneous Provisions) Act 1992 (18/1992), s. 11(6), S.I. No. 223 of 1992.

Housing loans by housing authorities.

11.— ...

(6) Where a housing authority recover possession of a house, property or other land under subsection (5)(a)— ...

(b) the provisions of section 23 of the Registration of Title Act, 1964, shall not apply to such vesting unless the house is retained by the authority in accordance with subsection (7) (b).

...